IN THE HONORABLE COURT OF SESSIONS AT

DHINDOSHI, GOREGAON, MUMBAI

CRI. BAIL APLLICATION NO. ___ of 2023
In
C.R. No. 916 of 2024
Dist.: Mumbai

Mubarak Abdul Sarfaroz …Applicant

V/S
The State of Maharashtra
@Malwani Police Station ….. Respondent
INDEX
Sr.no. Particulars Page Nos.
1. ROZNAMA
2. Bail Application
3. Exhibit – “A” is a copy of
Remand copy
4. Exhibit – “B” is a copy of
Aadhar
5. Exhibit – “C” is a copy of
cheque
6. Exhibit – “D” is a copy of the
bounced cheque and the
bank's return memo.
7. Exhibit – “E” is copy of photos
8. VAKALATNAMA
9. DOCKET

IN THE HONORABLE COURT OF SESSIONS AT

 DHINDOSHI, GOREGAON, MUMBAI
CRI. BAIL APLLICATION NO. ____ of 2024
In
C.R. No. 916 of 2024
Dist.: Mumbai
Mubarak Abdul Sarfaroz
Age 28 years , occupation- shotting line (spot boy)
Res. Jawajhar Nagar , near assembly hall,
vegetable Market, Goregaon (W) Mumbai. …Applicant
V/S
The State of Maharashtra
@Malwani Police Station …..Respondent
CRIMINAL BAIL APPLICATION
U/S 483 of BHARATIYA
NAGARIK SURAKSHA SANHITA
2023. U/S 376 (2) (N), 354 (C )
, 504, 506, 509 Indian Penal
code section 67(A) of
Information Technology 352,
351(2) 79 BHARATIYA NYAYA
SANHITA
To
THE HON’BLE PRINCIPAL JUDGE
AND OTHER HON’BLE JUDGES OF THE
HON’BLE SESSIONS COURT AT
DINDOSHI, MUMBAI
 THE HUMBLE APPLICATION OF
THE APPLICANT/ORIGINAL
ACCUSED NO.1 ABOVENAMED

MOST RESPECTFULLY SHOWETH:

On the behalf of Applicant/org. Accused, it is most

respectfully stated and submitted as under:-

1. That the present Accuse is the respected citizen

of India and has been falsely implicated in
connection with C. R. No. 916 of 2024 lodged
with Malwani Police station U/S 376 (2) (N), 354
(C ) , 504, 506, 509 Indian Penal code section
67(A) of Information Technology 352, 351(2) 79
BHARATIYA NYAYA SANHITA (Hereto Annexed
and marked the Remand copy As Exhibit
“A”) He has been arrested on 06/07/2024, and
thereafter he was been produced before the
session court and was pleased to send to Judicial
Custody.
That the prosecution story in brief is as under:-
1. The Malvani Police Station submits a report that the
complainant, Miss Amisha Kamlesh Darji, aged 20 years,
occupation: employed, residing at Room No. 23, Plot No. 23,
Vijay Villa, S.V. Road near McDonald’s, Goregaon (W),
Mumbai, came to the police station in person and filed a
complaint stating that:
2. The complainant, as mentioned above, have been living at
the aforementioned address for the past 2 months with her
father Kamlesh Darji, aged 51 years, her mother Shushila,
aged 50 years, and her brothers Prithvi, aged 15 years, and
Yogesh, aged 18 years. Her father works as a tailor, and she
also work in a beauty shop while her brother Yogesh works in
a clothing store. The income from these jobs supports her
family.

3. In 2020, the Complainant was studying at S.N.D.T. College,

Malad (W), Mumbai, but due to COVID, the college was
closed, and she was taking online classes from home. During
that time, she had an interest in learning about beauty
parlors, and since her friend Sapna worked in a beauty shop,
she would often ask her about the work. When she had free
time, she would visit the shop where she worked. During this
period, she got to know her friend Mubarak Sarfaroz, aged
28 years, residing near Sammelan Hall, Vegetable Market,
Goregaon (W), Mumbai. One day, when Sapna was busy with
work, Complainant called Applicant from her mobile phone,
and from then on, Applicant had Complainant’s mobile
number and would occasionally call her, and thus, they
became acquainted.

4. After three or four months, their friendship turned into a

romantic relationship. Applicant would frequently visit
Complainant even though Complainant refused to meet him.
Eventually, he gained Complaint’s trust and even introduced
the Applicant to her father. Due to their frequent meetings
and conversations, Applicant and Complainant became more
involved. In September 2020, Applicant took Complainant to
Madh, Malvani, where he forced her into sexual relations
despite her refusal. He assured her that they would get
married and that it was normal, and he took photos of them
together on his mobile phone. Later, he used these photos to
 threaten her, taking her to different hotels in Malad and
forcibly engaging in sexual intercourse with her multiple
times.

5. In 2021, Complainant’s mother suffered a heart attack and

was admitted to the hospital. Complainant’s father did not
have enough money to pay the bills, so she sought help from
the Applicant, who gave 70,000 rupees to her father. Over
time, due to their financial difficulties, Applicant gave her
father a total of 4 lakh rupees for expenses. He would often
taunt and threaten her, forcing me into sexual relations until
August 2023.

6. Later, they started having disputes, and Applicant would

insult the Complainant, calling her derogatory names and
accusing her of earning money for her father. He even came
to her workplace in Andheri and abused her, keeping track of
her movements, which led to their breakup a year and a half
ago. However, Applicant continued to stalk Complainant.

7. On 04/07/2024, Applicant posted a story on Instagram,

which he sent to her, with messages threatening to harm her
if she did not respond. He called her derogatory names and
continued to send abusive messages and calls on Instagram,
threatening to kill her and harm her family. When she
informed her father, he called Applicant, but Applicant
argued with him and hung up. Hence, she came to the police
station with her father to file a complaint.

8. From September 2020 to August 2023, Mubarak Shefroz,

aged 28 years, residing near Sammelan Hall, Vegetable
Market, Goregaon (W), Mumbai, gained Complainant’s trust,
took obscene photos with Complainant, and repeatedly
 blackmailed and threatened her, forcing her into sexual
relations. On 04/07/2024, he sent obscene and abusive
messages on Instagram. Therefore, based on her complaint,
a case has been registered against Mubarak Shefroz under
sections 376(2)(N), 354(C), 504, 506, 509 of IPC along with
section 67(A) of the Information Technology Act, 352, 351(2)
79 BHARATIYA NYAYA SANHITA

9. Investigation – As part of the investigation, Senior Inspector

ValmikPatil states that the complainant filed a complaint in
person, and the offense occurred between September 2020
and 04/07/2024. Due to technical reasons in the CCTNS
system, the case has been registered under sections 376(2)
(N), 354(C), 504, 506, 509 of IPC along with section 67(A) of
the IT Act, and recorded accordingly in the police station’s
daily diary entry no. 006/24 dated 06/07/2024. The original
documents have been included in the case file.

10. The accused, Mubarak Abdul Sarfaroz, aged 28 years,

occupation: shooting line (spot boy), residing at Jawahar
Nagar, near Sammelan Hall, Vegetable Market, Goregaon
(W), Mumbai, appeared at the police station today. Upon
thorough investigation, he was found guilty of the
aforementioned offense. He was informed of the reasons for
his arrest, and his friend, DhanrajHiralalMalla, aged 32 years,
occupation: vegetable seller, residing at Jawahar Nagar, BMC
Vegetable Market, Road No. 1, Room No. 10, Bavista
Compound, Goregaon (W), Mumbai, was also notified in
person. The arrest details have been recorded in all relevant
registers, and legal procedures were followed during the
arrest.

11. The arrested accused underwent a medical examination

at Cooper Hospital, Andheri West, and Mumbai.
12. Therefore, for the reasons stated above, it is requested
to extend the police custody remand of the arrested
accused.

GROUNDS

1. That the Applicant has not committed any offence and

the Applicant is innocent and has been falsely implicated
in this case.

2. That the complainant and the applicant have been in a

consensual relationship for the past four years. The
relationship is well-known of complainant family and
friends.

3. The relationship between the complainant and Applicant

is well-known to the complainant’s father, who has
acknowledged and accepted it.

4. The applicant have provided substantial financial and

emotional support to the complainant and her family
during difficult times. Specifically, the applicant assisted
the complainant with an amount of approximately Rs.
4,00,000 when complainant’s mother was unwell and
required medical attention. This support demonstrates
his genuine concern and care for the complainant and
her family. The applicant gave Rs.3,75,000/- (three lack
seventy five thousand) via cheque and Rs.25,000/-
(twenty five thousand) amount via cash. Hereto
annexed and marked as Exhibit – “C” is a copy of
M.O.U.
5. The complainant attempted to return the taken amount
to the applicant via two cheques. That the said cheques,
bearing No. “697247” & “000075” , dated 19/10/2023,
drawn on Bank of Baroda & State Bank of India, was
returned unpaid due to some issues in the account of the
complainant. That the fact of the cheque being
dishonored clearly establishes that the complainant had
acknowledged the debt owed to the Applicant and
attempted to repay the same through a negotiable
instrument, which unfortunately bounced. Hereto
annexed and marked as Exhibit – “D” is a copy of
the bounced cheque and the bank's return memo.

6. The complainant has stated that she visited Green Hotel

with the applicant multiple times with her
consent.Simultaneously, the complainant alleges that the
applicant forced her into a sexual relationship. These
contradictory statements highlight that the complainant’s
account is unreliable and lacks credibility. One cannot
claim both consensual visits and forced relations at the
same time.The complainant willingly took photos with the
Applicant on the said place. Hereto annexed and
marked as Exhibit – “D” are photos of them
together.

7. According to prosecution, on 04/07/2024, the

complainant states that the Applicant threatening to
harm her with these photos. But the complainant
willingly took photos with the Applicant, which were
subsequently posted on Instagram. These photos indicate
that the complainant had a consensual and friendly
relationship with the Applicant, contradicting the
narrative of threats and harm. There is no evidence to
suggest that the Applicant poses an immediate threat to
the complainant. The situation appears to be a
 misunderstanding rather than a case of actual intent to
cause harm.Hereto annexed and marked as Exhibit –
“E” are photos of them together.

8. The complainant filed the present complaint against the

applicant after the relationship deteriorated and she
decided to end it. The applicant firmly believes that the
complaint is false and was filed with malicious intent to
exact revenge on the applicant.

9. After the relationship ended, the applicant requested the

return of the money given to the complainant's father. It
is believed that the complainant's filing of the complaint
is a retaliatory action against this request for repayment.

10. The accused was thoroughly interrogated by the

investigating office and whatever was required in the
said case from the accused is recorded by the
investigation officer and the investigation from the said
accused has been completed soon fruitful purpose will be
served by keeping the accused in custody.

11. Accused falsely implicated in this case due some issues.

12. The accused is Indian national and is having his fix place
of residence in Mumbai.

13. That applicant is law abiding citizen and respectable

member of the society, having good moral conduct.

14. It is submitted that the release on bail of applicant, is not

likely to defeat the end of justice, as he is ready and
willing to stand surety for himself, who undertake to
 produce the applicant before this Hon’ble court on each
and every date, up-till final conclusion of the present
case/trial/ investigation, in order to ascertain the truth
and also to prove the innocence of the applicant hence
the release of the applicant is not likely to frustrate or
defeat the end of justice, if the applicant is released on
bail.

15. That the applicant state and submit no application

pending for bail before any other court.

16. That the applicant undertakes to make available the

applicant before the Police Officials of the said Malwani
Police Station, for the purpose of the investigation if
required.

17. That the applicant craves leave to amend, delete,

change, and alter modify any of the foregoing paras/
Ground with the permission of this Hon’ble Courts.

18. That the prosecution has drastically failed to put up their

case against the applicant therefore it has nothing
materially to show the involvement of the present
applicant in the alleged conflict with law.

19. That there is no reasonable grounds at the moment for

believing that the applicant is guilty of an offence
punishable with imprisonment.

20. That the applicant are not likely to abscond as he has

firm routes in Mumbai. The applicant is gainfully
employed and he undertakes not to temper with the
 prosecution witnesses and shall abide by every condition
that may be imposed upon him if enlarged on bail.

21. The applicant is in judicial custody and now no useful

purpose would be served if he kept in custody for a
further period.

22. That the applicant is permanent resident of the address

mentioned above and he would provide sufficient surety
to secure his presence during the entire trail.

23. That the applicant craves leave, alter or amend any of

the aforesaid.

The Applicants therefore prays:

(a) The complainant has made false allegation upon the

accused just to cool down her aggression, thus bail to
be granted.
(b) That this Hon’ble Court may kindly be pleased to
release the present Applicant on Bail in C. R. No. of
916/2024 , registered with Malwani Police Station on
such terms and conditions as this Hon’ble court may
deems fit and proper in the facts and circumstances of
the above.

(c) That he is the only earning member in his family.

(d) For such further and other reliefs as this Honourable
Court may deem fit and proper.

(e) In the alternative cash bail is allowed provisionally.

AND FOR THIS ACTS OF KINDNESS, AS IN DUTY BOUND

THE APPLICANTS SHALL EVER PRAY.
ADVOCATE FOR THE ORIGINAL ACCUSED.
MUMBAI.
Dated this of , 2024
 IN THE HONORABLE COURT OF
SESSIONS AT DHINDOSHI,
GOREGAON, MUMBAI
CRI. BAIL APLLICATION NO. ____
of 2023
In
C.R. No. 916 of 2024
Dist.:
Mumbai
Mubarak Abdul Sarfaroz
…Applicant
V/S
THE STATE OF
MAHARASHTRA @Malwani
POLICE STATION
…..
Respondent
xxxxxxxxxxxxxxxxxxxxxxx
xx
BAIL APPLICATION

Xxxxxxxxxxxxxxxxxxxxxxx
xx
Dated this ___ day of ___, 2023

Adv. MUSHTAQ SHAIKH

Adv. ANKUSH KOHLI

Adv. SHEETAL R GUPTA

Adv.TANVEER FAROOQUI

Adv. SAMEERA SHAIKH

Adv. SAGAR AGRE

Adv. SANA SHAIKH

Advoacte/ s High court

Shop no 115, Rajiv Gandhi commercial

complex

Ektanagar , kandivali (west), Mumbai 400067

Email:[email protected]

Cell no. 8080 688806/86522424194